The destruction caused by Hurricane Sandy in the tri-state area is nothing short of tragic and monumental. Lives were lost, injuries were sustained, homes were flooded or destroyed, businesses shuttered, and communities endured lengthy losses of power. It is a heart-wrenching episode.
On the legal front, the extensive property damage and personal injuries will undoubtedly spur many to seek legal advice as to whether they can bring civil actions. These lawsuits will hinge on whether the losses were sustained exclusively due to an “Act of God,” a defense, which if proven, precludes civil recoveries. As case law notes, the expression Act of God “denotes natural accidents, such as lightning, earthquake and tempest; and not accidents arising from the fault or negligence of man.”1 Mere bad weather will not suffice. The conditions must be “severe, unusual and wholly unforeseeable.”2
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